Edexcel AS/A-Level Politics2

WORKBOOK ANSWERS

Edexcel AS/A-level Politics2

UK government

This Answers document provides suggestions for some of the possible answers that might be given for the questions asked in the Workbook. They are not exhaustive and other answers may be acceptable, but they are intended as a guide to give teachers and students feedback.

Exam-style question answers

The answers given for exam-style questions are designed to provide help and advice on your approach. The points suggested are a starting point. You will need to go further than simply showing knowledge of the key points; you must demonstrate your understanding of each point and its relevance to the enquiry. Ultimately, how you approach the question is up to you. Just make sure you answer the question asked, not the one you wanted to be asked.

Examiners use levels to gauge how well an essay question has been evaluated and assess the skills that have been displayed. All A-level answers covered here and the longer AS essays will be marked out of 30 and across five levels, with 1 being the lowest and 5 being the highest. The table below gives an idea of the descriptors that are used to determine the quality of an answer and the mark to be awarded.

Level / Descriptor / Possible marks out of 30
1 / Demonstrates superficial knowledge and understanding.
Limited comparative analysis and simplistic connections.
Superficial evaluation and description. / 1–6
2 / Demonstrates some accurate knowledge and understanding.
Some emerging comparative analysis with some relevant comparisons.
Constructs some evaluation with partially substantiated but not justified, generic conclusions. / 7–12
3 / Demonstrates mostly accurate knowledge and understanding.
A mostly focused comparative analysis, with mostly relevant connections.
Constructs generally relevant valuation with mostly focused and justified conclusions. / 13–18
4 / Demonstrates and uses accurate knowledge and understanding.
Consistent comparative analysis, with relevant connections.
Constructs a mostly relevant evaluation with justified conclusions. / 19–24
5 / Demonstrates thorough and in-depth knowledge and understanding which underpin the analysis.
Perceptive comparative analysis of political information making cohesive connections between ideas and concepts.
Constructs a fully relevant evaluation with justified conclusions. / 25–30

Edexcel Politics Workbook 21

© Toby Cooper 2017Hodder Education

TOPIC 1 / The constitution

Topic 1

The constitution

Nature and sources of the UK constitution

What is a government?

1aPM and cabinet; the Westminster Parliament; the Supreme Court.

bPresident and federal bureaucracy; Congress; the US Supreme Court.

What is a constitution?

2It defines the powers and duties of each branch of government; establishes the relationship between the branches of government; defines the duties and responsibilities between the government and the people. It may include some form of rights protection for citizens. It will establish how the constitution can be amended.

3It establishes the powers of each branch of government; ensures that citizens are protected from and by the government; establishes how the institutions of government are able to work. (Each point should be developed with an example.)

Codified constitutions

4It is contained in a single, authoritative document; it is entrenched; it is judiciable; there is a two-tier legal system; sovereignty lies with the constitution.

5Rights are entrenched and therefore cannot be easily removed. It is smaller and easier for citizens to access and understand. It offers clarity. Such constitutions can be changed, although they require a super-majority to ensure that a significant proportion favours the change.

6As they are difficult to change, they can become outdated. Reforms in the national interest and majority support among the population can be blocked by a vocal minority. Unelected and unaccountable judges become too powerful in interpreting constitutional issues. Such constitutions can be vague and subject to differing interpretations, creating confusion.

Uncodified constitutions

7It will be drawn from a number of sources, some written and some unwritten. Constitutional laws have the same status as other laws. It is easy to reform and amend the constitution. It is unentrenched. Sovereignty will lie elsewhere. It is not judiciable.

8It can be easily modernised and adapted to modern circumstances. Sovereignty lies with democratically elected officials. Judges have limited power over constitutional issues. It is flexible enough to adapt to circumstances required by major crises. It has worked in the UK for centuries. It is traditional.

9Britain is out of line with most other modern democracies; rights are poorly protected; it can be confusing to understand and access. Also, it is subject to popular passions, which may not be in the national interest or may work against a minority interest.

10Codified constitutions are contained in one single document whereas uncodified ones are contained in multiple sources: so codified constitutions are shorter and easier to access while uncodified ones tend to be confusing and at times contradictory.

Codified constitutions are rigid whereas uncodified ones are flexible. Amending a codified constitution is very difficult and usually requires super-majorities, whereas uncodified ones can be altered by the passage of a new law or the creation of a new convention.

Codified constitutions result in a two-tier legal system, with constitutional laws being superior to other forms of law, whereas constitutional laws have the same weight and status as any other laws in an uncodified constitution. Therefore, codified constitutions are more judiciable than uncodified ones.

Sources of the British constitution

11aAny act of Parliament, such as the Human Rights Act or Fixed Term Parliament Act

bSalisbury convention, Sewell convention,etc.

cSquatters’ rights, etc.

dWalter Bagehot’s The English constitution

eBill of Rights or Magna Carta

fFactortame ruling over fishing

gLisbon Treaty

12Much of common law dealt with the rights of citizens as they had evolved over time. The Human Rights Act codified such rights into one document and as a statute law it is superior to common law.

13Statute laws are created by Parliament through the legislative process; they are considered, debated and passed by the representatives of the people. While other constitutional sources can be passed by an individual or based on an opinion, statute laws are passed by a majority in the Commons and therefore have democratic legitimacy, as well as reflecting Parliamentary sovereignty over all other bodies and institutions.

The UK’s key constitutional principles

Parliamentary sovereignty

14Statute law is superior to all other forms of law; Parliament is superior to all other legislative chambers in the UK; Parliament cannot be bound by its predecessors; Parliament cannot bind its successors.

15Parliament has accepted the authority of the Human Rights Act, which has bound all subsequent parliaments and requires that legislation is compatible with it.

Devolution has seen the transfer of sovereignty from Parliament to devolved chambers, allowing them a degree of autonomy in passing laws and spending objectives.

The recognition of popular sovereignty through referendums means that Parliament passes sovereignty over an issue to the people, even if MPs and peers disagree with the final decision.

Rule of law

16The rule of law ensures that the UK is a society of laws, not of people, and that those laws are applied consistently and fairly to all. Public figures have no special protection. Everyone is equal in the eyes of the law, creating democratic equality for all citizens.

17Credit for any additional facts and arguments found.

A unitary system

18Parliament is superior to the devolved bodies; it can recall powers passed to devolved bodies; only Parliament has the authority to call a referendum; foreign, trade and military matters remain under the power of Parliament only.

19 England and Wales, Scotland and Northern Ireland have their own distinct legal systems; different charges for student fees and prescriptions exist in different parts of the UK; tax levels can vary depending on which part of the UK you live in.

Constitutional monarchy

20Marks awarded for the quality of a concise ten-word answer.

21The Westminster model refers to a system where there is a fusion of power between the executive and legislative branches. All executive and legislative power is concentrated in one body, in this case Parliament, largely thanks to the uncodified nature of the constitution. The Westminster model promotes adversarial politics with debate between the government party and the official opposition.

22A range of points should be included, covering points from both sides of the debate and explaining why these are valid arguments.

aIt allows for greater flexibility; it has allowed the UK constitution to modernise; it has worked; there is no great demand for change; it allows for an effective executive.

bIt is outdated; rights are not well protected; it is too easily changed; it allows for elective dictatorship with few restraints on the government; major issues, like the West Lothian question, need addressing.

Assessment of the UK constitution

23One strength is flexibility. The constitution can easily adapt to changing circumstances. However, this strength is limited by the fact that the government can easily remove individual rights.

The UK’s constitution has been able to adapt and modernise over the past 300 years. However, the UK is now out of step with most other modern democracies.

Allowing strong and effective government means the executive can deal with crises and govern with few impediments. However, this can lead to elective dictatorship.

There is little public demand to alter the constitution, although constitutional problems like the West Lothian question need to be addressed.

Constitutional reform in the UK

New Labour reforms, 1997–2010

24a Reform of working hours to make Parliament more family friendly; removal of all but 92 hereditary peers; creation of a petitions commission.

bNew electoral systems for devolved regions; creation of Backbench Business Committee and Electoral Commission; adoption of the Wright reforms, and of the closed party list system for EU elections; Political Parties, Elections and Referendums Act (2000).

cCreation of Scottish Parliament, Welsh Assembly, Northern Ireland Assembly; a directly elected mayor of London and London Assembly; use of referendums to confirm constitutional changes; elected mayors across many cities in England.

dHuman Rights Act; creation of a Supreme Court, separated from Parliament; Freedom of Information Act; a new judicial appointments system.

25aCreation of Scottish Parliament, Welsh Assembly, Northern Ireland Assembly; a directly elected mayor of London and London Assembly; use of referendums to confirm constitutional changes; elected mayors across many cities in England.

bNew electoral systems for devolved regions; creation of Electoral Commission; use of referendums to confirm constitutional reforms; adoption of the closed party list system for EU elections; Political Parties, Elections and Referendums Act (2000).

cRemoval of all but 92 hereditary peers; reform of the working hours of Parliament; Freedom of Information Act; creation of Backbench Business Committee and of a petitions committee; adoption of the Wright reforms.

dThe Human Rights Act; creation of Supreme Court; a new judicial appointments system.

26Credit for any clearly identified assessments.

Coalition reforms, 2010–15

27Credit for a clear list of all nine.

28You will get 1 mark for identifying a reason and 2 additional marks for how well explained the importance is.Then 1 mark for each valid comparison between the most important and the other three.

29You will get 1 mark for identifying a reason and 2 additional marks for how well the reason is explained.

30As part of the coalition agreement, the Conservative Party had agreed to support the Liberal Democrats’ proposals for Lords reform and the Liberal Democrats agreed to support the Conservative policy of reducing the number of constituencies in the UK and equalising their size. In 2012, the Liberal Democrat leader and Deputy PM, Nick Clegg, put forward proposals for an 80% elected second chamber. Although the Conservatives had agreed to back these proposals, a number of Conservative backbench MPs voted against them, leading to the defeat of the motion. As a reaction, the Liberal Democrats withdrew their support for the equalising of constituency boundaries, so the government was forced to withdraw the proposals before they came to a vote.

Non-governmental reforms, 2010–15

31A convention can be set by any MP, as long as other MPs subsequently take a similar action. The nature of conventions being ill defined was demonstrated by David Cameron’s acceptance of the Syria vote, which built on the earlier Blair convention, but could be ignored in the future. Any statutory reform can only be passed if it has the backing of the government. Although only Parliament may call a referendum, constitutional reforms can be forced onto the government through political pressure, as the SNP managed.

32 The non-governmental reforms show that there were demands for greater constitutional reforms from backbench MPs, but the coalition was able to resist them.

The politics of devolution meant the parties in Westminster had to respond to regional demands and their position was therefore weakened.

Despite concerns over the majority and the nature of coalition government, even in defeat the government could resist the common convention of resigning and allowing the creation of a new government.

Conservative reforms, 2015–17

33One clear priority was to try to resolve issues relating to devolution. The Scotland Act was to keep promises made during the independence referendum. The Wales Bill was to give further powers to bring Wales more into line with Scottish devolution. EVEL was an attempt to resolve the West Lothian question without creating an English parliament.

The EU referendum was another priority, having been a major manifesto promise. After the referendum all priorities centred on dealing with the fallout of the result.

The West Lothian question

34Powers have been devolved to some regions, but not others.Although powers have been passed to the devolved regions, they still have representatives in the national legislature. MPs from the devolved regions can vote on issues that affect other regions but do not affect their own constituents.

35a(for EVEL): it maintains the sovereignty of Parliament; it avoids English devolution, which is unfeasible. (Against): it creates two types of MP; it politicises the speaker; it is too limited.

b(for ending devolution): it would return all power to Westminster; it might end independence movements. (Against): devolution is too well established; it might increase nationalism.

c(for a federal UK): all regions would have equal powers; Westminster would be free to deal with national and international matters. (Against): England would be too dominant; there is little demand for it.

d(for ignoring the question): any reform may lead to the break-up of the UK; there are more important issues. (Against): it is too important to ignore; problems will continue to grow; there could be a rise in English nationalism.

36Politicisation of the speaker, as he/she has to decide what constitutes an English-only bill. English MPs only have the power of veto, meaning desired proposals can still be defeated. It creates two types of MP, which is not appropriate in a debating chamber. It has failed to solve the West Lothian question, which still remains a problem in the constitutional system.

Should the UK have a codified constitution?

37 Greater clarity would make it easier for people to understand their rights and the workings of politics. However, the system works as it is and no codified constitution can take account of all eventualities.

By entrenching constitutional process and rights people would find it easier to access and understand their rights, but this might lead to key rights becoming outdated and desirable reforms being ignored.

Greater protections to political institutions, such as devolved bodies, would remove the threat of withdrawal of their powers by a hostile government, although it is unlikely that any government would withdraw powers that had been confirmed by a referendum.

By allowing judges to act as an effective check on the government, the possibility of elective dictatorship would be removed and the judiciary would have the power to defend constitutional rights, but this might lead to legislating from the bench and give an unelected and unaccountable judiciary too much power.

The process of drawing up a constitution might help to engage and educate the public, but the lack of general political engagement means it could be written by a few vested interest groups and lead to greater divisions within the UK.

38Credit any additional points and ideas found.

Exam-style questions

AS

1Example: one area of constitutional reform was the reform of the judiciary, with the creation of the Judicial Appointments Commission and the creation of the Supreme Court under the Constitutional Reform Act of 2005, which led to greater separation and independence of the judicial branch from the other branches of government.

A second area could be devolution to Scotland, Wales and Northern Ireland. Transfer of powers, such as primary legislation for Scotland and tax varying powers. Additional expansions could also be detailed.

A third area could be electoral reform. You should refer to the specific systems introduced for various elections and the possible impact.

A fourth area could be House of Commons reforms, specifically the Wright reforms, detailing what they are and what they have achieved.

Other areas could include House of Lords reform and the impact of leaving the EU.

2Disadvantage 1:England is too large. It could not be devolved along the same lines as the regions because, with about 84% of the population and most of the economic wealth, it is too dominant a part of the UK; all other devolved chambers would be secondary to England. In a federal state, all the secondary regions should have equal power and status, but this would not be the case with a devolved English parliament.

Disadvantage 2: it would create an unworkable system. When it came to national politics, England would still more than dominate, controlling not onlyits own affairs, but also the national chamber, which would make for an impractical and unworkable federal system, where the other regions would be drowned out by English dominance.